The entity alleges that Caixa is using its dominant position and regulatory power over activities related to lottery games to prevent lotteries from having commercial relationships with online intermediation platforms. The entity also claims that Caixa and Febralot have promoted "defamatory" campaigns against these platforms to hinder their activities.
In response to these complaints, in August, the General Superintendence of Cade provisionally ordered Caixa to refrain from imposing sanctions on lottery units solely for having commercial relationships with online intermediation platforms. The measure also required the financial institution to cease making public statements that attribute or suggest illegality to the economic activity carried out by the platforms.
As a result, Caixa was instructed to remove from its website the statements against the platforms that had already been published. A similar requirement was also addressed to Febralot, particularly regarding the publication of statements on its portal.
The case's rapporteur, Counselor Gustavo Augusto, pointed out on this Wednesday (11) that, in the background of the process, there is a discussion about whether the betting intermediation market, conducted by these platforms, is a lawful activity or not.
Caixa and Febralot claim that the practice would be illegal, while the platforms assert that it is an activity in an unregulated market. However, the counselor pointed out that the Federal Police has already concluded that there is no crime in this practice, and yet Caixa continued to promote this thesis, which could even constitute defamation.
"It seems to me that we have platforms bringing innovative models, and we have an incumbent sector fighting to maintain a monopoly," said Augusto, noting that the case does not concern online betting games but rather intermediation platforms. Although the analysis is still preliminary, the counselor also warned that in this case, there is a possibility of committing three infractions against economic order, including limiting or preventing access to new companies in the market.
Among other clarifications, Augusto noted that the preventive measure does not mean that Caixa cannot provide information to the public, such as clarifying the absence of a contractual relationship with the mediation platforms. However, the institution cannot attribute any illegality to the activity carried out by these platforms.
Source: Estadão Conteúdo
